Darren Debono it-Topo cannot be blamed for fearing for his family’s safety, his lawyer argued in court one day after Debono refused to name accomplices in a failed bank heist. 

Debono had insisted while testifying on Thursday that he would only testify about his co-accused Vince Muscat il-Koħħu and nobody else, telling the court “I don’t want to put my son’s life in danger.”

His refusal to provide information about third parties infuriated the magistrate, who ordered his re-arrest for refusing to depose. 

On Friday, Debono’s lawyer Edward Gatt argued that his client had taken the oath as requested and could not be blamed for being fearful. 

“Can anyone blame him for being afraid? Let’s call a spade a spade,” argued Gatt as he defended his client from charges of being a prevaricating witness. “Everyone knows what sort of people these are. So all those around him deserve protection, but he doesn’t?”

Magistrate Victor Axiak asked whether the police had made any form of witness protection arrangements for Debono and his family. Gatt addressed the court about that issue behind closed doors, with the media ordered out of the courtroom momentarily. 

Debono and Muscat both faced attempted robbery and attempted homicide charges in relation to the botched 2010 heist, when three masked and armed men entered HSBC headquarters in Qormi and ended up in a shootout with police before getting away empty-handed. 

Debono was granted a plea deal in the case last month, with prosecutors agreeing to drop attempted homicide charges in exchange for him testifying against Muscat and serving a 10-and-a-half year prison sentence for the attempted robbery. 

When testifying in the case against Muscat on Thursday, he told magistrate Monica Vella that he would speak about Muscat’s role in the case, but would not mention third parties. 

Vella duly had him re-arrested on charges of having refused to be sworn in or deposed. The charge carries a maximum sentence of three months in prison and a €4,600 fine. 

The precise wording of the plea deal that Debono reached with prosecutors remains unknown. 

Gatt argued that his client had taken the oath as requested and had confirmed that Muscat was part of the heist, had entered the bank and had been shot. He could therefore not be held guilty of refusing to testify, the lawyer argued. He requested bail for Debono – something he himself acknowledged was “purely academic”, given that Debono is serving time for the attempted robbery.  

The court, presided over by magistrate Victor Axiak, upheld the bail request against a €500 deposit and €5,000 personal guarantee. Debono, however, will remain behind bars as he serves his 10-year attempted robbery sentence. 

Axiak is expected to deliver judgement in the case on Monday. 

Debono was represented by lawyers Edward Gatt, Ishmael Psaila and Shaun Zammit. Inspector Mario Xiberras prosecuted.